What’s the difference between a voluntary winding up and being struck off?
- 26.06.2026
Our company in Malta is a bit behind on preparing audited financial statements for the last financial year, mostly due to delays on the accountant’s side. I’m worried about what penalties we might be facing and whether this could escalate into something more serious for the company or for me as a director.
Under the Companies Act, Chapter 386 of the Laws of Malta, companies are required to prepare and file audited financial statements within a set period after their financial year end, and late filing typically triggers escalating administrative penalties the longer the delay continues, payable to the Malta Business Registry (MBR). Beyond the financial penalty itself, persistent and prolonged non-compliance with filing obligations can eventually lead the Registrar to take further enforcement action, including the risk of the company being struck off the register if the situation is not remedied. As a director, you also carry a general duty to ensure the company complies with its statutory obligations, so a pattern of repeated late filings, even if caused by a third party such as your accountant, is still something you are ultimately responsible for addressing. The priority now should be finalising and submitting the outstanding accounts as quickly as possible to stop further penalties accruing, and putting a clearer process or deadline arrangement in place with your accountant going forward to avoid a repeat.
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